The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge.
3:84-cr-30032-SEM-DGB # 248 Page 1 of 9 Friday, 14 December, 2012 04:32:41 PM Clerk, U.S. District Court, ILCD
This cause is before the Court on Defendant Frederick Celani's pro se Motion to Dismiss Outstanding Probation Violation Warrant for Violation of Due Process (d/e 244). For the reasons that follow, the Motion is DENIED.
On November 26, 2012, Defendant filed the Motion to Dismiss Outstanding Probation Violation Warrant for Violation of Due Process. The Motion sought, in part, the recusal of Judge Harold Baker. On November 30, 2012, this case was transferred to this Judge for further proceedings.
The Motion also sought dismissal of the action. Defendant asserts that his due process rights have been violated because 1,275 days have passed since his arrest (March 17, 2009) and no arraignment has occurred.
On December 10, 2012, the Government responded to the Motion (see d/e 246) and filed an Appendix in support thereof (see d/e 247). The Motion, Response, Appendix, and pleadings in this case reflect the following.
In May 1984, Defendant was charged by indictment with conspiracy to commit racketeering (Count 1), interstate transportation of property obtained by fraud (Counts 2 through 4), wire fraud (Count 5), mail fraud (Count 6 through 16), and racketeering (Count 17). App. p. 1-38; see also d/e 1. In July 1985, a jury found Defendant guilty on 15 of the counts. App. p. 39. In September 1985, Judge Baker sentenced Defendant to 15 years' imprisonment on Count 1 and concurrent 10-terms of imprisonment on Counts 2 through 4. App. p. 39. The sentences on the remaining Counts were suspended, and Defendant was "admitted to probation for the term of five (5) years to commence on the completion of any parole term." App. p. 39.
On October 15, 2001, the United States Probation Office filed a Petition for Warrant or Summons for Offender Under Supervision. See d/e 235. The Petition indicates the following:
On July 18, 1991, Mr. Celani was paroled. On October 15, 1992, a warrant application was filed with the U.S.
Parole Commission after he committed a new federal offense in the Eastern District of Arkansas and left the district that was supervising him without permission. He was sentenced on the new offense and his parole was revoked. On December 1, 1998, he was released from confinement on supervised release on the new federal offense and re-paroled on the instant offense. On April 8, 1999, a parole warrant was issued for failure to report to the probation officer as directed and failure to report a change in residence. His supervised release in the new federal offense was also revoked. Mr. Celani was reincarcerated. While incarcerated, his parole term expired on March 17, 2000. On July 16, 2000, he was released from confinement on the supervised release violation from the new federal offense and began his five year term of probation on the instant offense.
See d/e 235. The Petition alleges Defendant violated the conditions of supervision by committing a new offense, failing to submit a monthly report, and failing to notify the probation officer of a change of residence. According to the Petition, the new offense was as follows:
From at least June 28, 2001, it appears Mr. Celani has represented himself as an attorney, using the alias Bob Hunt, working for an organization named ULC Church. He solicited Cuban nationals in federal prisons, stating that if they paid a $250 fee he could evaluate their cases or for a $2,500 fee they could receive unlimited legal representation. Many inmates or their families sent ...